Vikash Singh vs State Of Chhattisgarh
2021 Latest Caselaw 381 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 81 of 2020
  • Vikash Singh S/o Samay Lal Goand Aged About 25 Years R/o Village Lainga,
    Police Station Udaypur, District Surguja, Chhattisgarh. ---- Appellant
                                     Versus
  • State Of Chhattisgarh Through Police Station Udaypur, District Surguja,
    Chhattisgarh.                                      ---- Respondent

17-06-2021 Mr. Ashok Kumar Swarnakar, counsel for the appellant/s.

Mr. Lalit Jangde, Dy. GA for the State/respondent.

Heard on I.A. No. 01/2021 application for suspension of sentence

and grant of bail.

The appellant has been convicted under the impugned judgment of

conviction and order of sentence dated 31.12.2019 passed by the Additional

Sessions Judge, Ambikapur, District Surguja, CG in Session Trial No.

25/2018.

Learned counsel for the appellant would argue that out of two

witness cited by the prosecution and eye witness PW-1 has turned

hostile and not supported the case of the prosecution. As far as PW-7 is

concerned, his evidence read along with the evidence of defence

witness No. 1 (Narmad Binjhiya) raises serious doubt whether he was

present at the spot when the deceased was assaulted. He would argue

that the manner in which the incident is said to have happened, the

medical evidence that deceased died due to asphyxia clearly shows that

death was not because of the assault but because of strangulation and

the so called eye witness PW-7 does not clearly state that during assault on the deceased the appellant also strangulated her. Therefore,

the entire case of the prosecution becomes highly doubtful.

Learned State counsel on the other hand submits that the

evidence of PW-7 is corroborated by the medical evidence of multiple

injuries and therefore, the statement of the defence witness DW-1 that

the lady died because of fall on the heap of dung is highly improbable

and the concocted version. He would further argue that possibility of

deceased strangulated by the person assaulting her and inflicting

multiple injuries during the course of assault cannot be ruled out.

Taking into consideration the submission of learned counsel for

the parties and the version of eye witness, it is not a fit case for

suspension of sentence and grant of bail. Therefore, the application is

rejected.

List this appeal for final hearing.

                              Sd/-                                       Sd/-
                  (Manindra Mohan Shrivastava)                  (Vimla Singh Kapoor)
                              Judge                                     Judge




Pawan Prajapati